DOCSLIB.ORG

UK Borders Act 2007

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
UK Borders Act 2007 UK Borders Act 2007 CHAPTER 30 CONTENTS Detention at ports 1 Designated immigration officers 2 Detention 3 Enforcement 4 Interpretation: “port” Biometric registration 5 Registration regulations 6 Regulations: supplemental 7 Effect of non-compliance 8 Use and retention of information 9Penalty 10 Penalty: objection 11 Penalty: appeal 12 Penalty: enforcement 13 Penalty: code of practice 14 Penalty: prescribed matters 15 Interpretation Treatment of claimants 16 Conditional leave to enter or remain 17 Support for failed asylum-seekers 18 Support for asylum-seekers: enforcement 19 Points-based applications: no new evidence on appeal 20 Fees 21 Children Enforcement 22 Assaulting an immigration officer: offence 23 Assaulting an immigration officer: powers of arrest, &c. ii UK Borders Act 2007 (c. 30) 24 Seizure of cash 25 Forfeiture of detained property 26 Disposal of property 27 Employment: arrest 28 Employment: search for personnel records 29 Facilitation: arrival and entry 30 Facilitation: territorial application 31 People trafficking Deportation of criminals 32 Automatic deportation 33 Exceptions 34 Timing 35 Appeal 36 Detention 37 Family 38 Interpretation 39 Consequential amendments Information 40 Supply of Revenue and Customs information 41 Confidentiality 42 Wrongful disclosure 43 Supply of police information, etc. 44 Search for evidence of nationality 45 Search for evidence of nationality: other premises 46 Seizure of nationality documents 47 Police civilians Border and Immigration Inspectorate 48 Establishment 49 Chief Inspector: supplemental 50 Reports 51 Plans 52 Relationship with other bodies: general 53 Relationship with other bodies: non-interference notices 54 Abolition of other bodies 55 Prescribed matters 56 Senior President of Tribunals General 57 Money 58 Repeals 59 Commencement 60 Extent 61 Citation UK Borders Act 2007 (c. 30) iii Schedule — Repeals ELIZABETH II c. 30 UK Borders Act 2007 2007 CHAPTER 30 An Act to make provision about immigration and asylum; and for connected purposes. [30th October 2007] EITENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:— Detention at ports 1 Designated immigration officers (1) The Secretary of State may designate immigration officers for the purposes of section 2. (2) The Secretary of State may designate only officers who the Secretary of State thinks are— (a) fit and proper for the purpose, and (b) suitably trained. (3) A designation— (a) may be permanent or for a specified period, and (b) may (in either case) be revoked. 2 Detention (1) A designated immigration officer at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual— (a) may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), or (b) is subject to a warrant for arrest. 2 UK Borders Act 2007 (c. 30) (2) A designated immigration officer who detains an individual— (a) must arrange for a constable to attend as soon as is reasonably practicable, (b) may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person, (c) must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and (d) must, when the constable arrives, deliver to the constable the individual and anything retained on a search. (3) An individual may not be detained under this section for longer than three hours. (4) A designated immigration officer may use reasonable force for the purpose of exercising a power under this section. (5) Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may— (a) pursue the individual, and (b) return the individual to the port. (6) Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons). 3 Enforcement (1) An offence is committed by a person who— (a) absconds from detention under section 2, (b) assaults an immigration officer exercising a power under section 2, or (c) obstructs an immigration officer in the exercise of a power under section 2. (2) A person guilty of an offence under subsection (1)(a) or (b) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 5 on the standard scale, or (c) both. (3) A person guilty of an offence under subsection (1)(c) shall be liable on summary conviction to— (a) imprisonment for a term not exceeding 51 weeks, (b) a fine not exceeding level 3 on the standard scale, or (c) both. (4) In the application of this section to Northern Ireland— (a) the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and (b) the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month. (5) In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)— UK Borders Act 2007 (c. 30) 3 (a) the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and (b) the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month. 4 Interpretation: “port” (1) In section 2 “port” includes an airport and a hoverport. (2) A place shall be treated for the purposes of that section as a port in relation to an individual if a designated immigration officer believes that the individual— (a) has gone there for the purpose of embarking on a ship or aircraft, or (b) has arrived there on disembarking from a ship or aircraft. Biometric registration 5 Registration regulations (1) The Secretary of State may make regulations— (a) requiring a person subject to immigration control to apply for the issue of a document recording biometric information (a “biometric immigration document”); (b) requiring a biometric immigration document to be used— (i) for specified immigration purposes, (ii) in connection with specified immigration procedures, or (iii) in specified circumstances, where a question arises about a person’s status in relation to nationality or immigration; (c) requiring a person who produces a biometric immigration document by virtue of paragraph (b) to provide information for comparison with information provided in connection with the application for the document. (2) Regulations under subsection (1)(a) may, in particular— (a) apply generally or only to a specified class of persons subject to immigration control (for example, persons making or seeking to make a specified kind of application for immigration purposes); (b) specify the period within which an application for a biometric immigration document must be made; (c) make provision about the issue of biometric immigration documents; (d) make provision about the content of biometric immigration documents (which may include non-biometric information); (e) make provision permitting a biometric immigration document to be combined with another document; (f) make provision for biometric immigration documents to begin to have effect, and cease to have effect, in accordance with the regulations; (g) require a person who acquires a biometric immigration document, without the consent of the person to whom it relates or of the Secretary of State, to surrender it to the Secretary of State as soon as is reasonably practicable; (h) permit the Secretary of State to require the surrender of a biometric immigration document in other specified circumstances; 4 UK Borders Act 2007 (c. 30) (i) permit the Secretary of State on issuing a biometric immigration document to require the surrender of other documents connected with immigration or nationality. (3) Regulations under subsection (1)(a) may permit the Secretary of State to cancel a biometric immigration document— (a) if the Secretary of State thinks that information provided in connection with the document was or has become false, misleading or incomplete, (b) if the Secretary of State thinks that the document has been lost or stolen, (c) if the Secretary of State thinks that the document (including any information recorded in it) has been altered, damaged or destroyed (whether deliberately or not), (d) if the Secretary of State thinks that an attempt has been made (whether successfully or not) to copy the document or to do anything to enable it to be copied, (e) if the Secretary of State thinks that a person has failed to surrender the document in accordance with subsection (2)(g) or (h), (f) if the Secretary of State thinks that the document should be re-issued (whether because the information recorded in it requires alteration or for any other reason), (g) if the Secretary of State thinks that the holder is to be given leave to enter or remain in the United Kingdom, (h) if the Secretary of State thinks that the holder’s leave to enter or remain in the United Kingdom is to be varied, cancelled or invalidated or to lapse, (i) if the Secretary of State thinks that the holder has died, (j) if the Secretary of State thinks that the holder has been removed from the United Kingdom (whether by deportation or otherwise), (k) if the Secretary of State thinks that the holder has left the United Kingdom without retaining leave to enter or remain, and (l) in such other circumstances as the regulations may specify.
Load more

Recommended publications
  • Immigration, (2021)
    Right to respect for private and family life: immigration, (2021) Right to respect for private and family life: immigration Last date of review: 02 March 2021 Last update: General updating. Authored by Austen Morgan 33 Bedford Row Chambers Convention rights - from the 1950 European Convention on Human Rights (ECHR) and given further effect by scheduling to the Human Rights Act 1998 (HRA) have applied incontrovertibly in domestic UK law since 2 October 2000. There was considerable discussion from 1997 about which rights would be litigated in future years, on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) at Strasbourg, in the three jurisdictions of the United Kingdom (UK): England and Wales; Scotland; and Northern Ireland. Some commentators anticipated that art.8 (the right to respect for private and family life) would be important, as the basis of a new domestic right to privacy. Few, if any, predicted that the family life aspect of art.8 would play a significant role in UK immigration law and practice; this regulates the entry (and possibly exit) of non-nationals, whether as visitors, students, workers, investors or residents. Overview of Topic 1. This article looks at legislative, executive and judicial attempts to limit such art.8 cases since 2000, a project led by successive Secretaries of State (SoS) for the Home Department, of whom there have been six Labour, one coalition Conservative and three Conservatives in the past 20 years. 2. It considers the following topics: the structure of art.8 in immigration cases; how the SoS might theoretically limit its effect in tribunals and courts; the failed attempt to do so through the Immigration Rules; the slightly more successful attempt to do so through statute; the mixed response of the senior judiciary; and future prospects.
    [Show full text]
  • Public Law and Civil Liberties ISBN 978-1-137-54503-9.Indd
    Copyrighted material – 9781137545039 Contents Preface . v Magna Carta (1215) . 1 The Bill of Rights (1688) . 2 The Act of Settlement (1700) . 5 Union with Scotland Act 1706 . 6 Official Secrets Act 1911 . 7 Parliament Acts 1911 and 1949 . 8 Official Secrets Act 1920 . 10 The Statute of Westminster 1931 . 11 Public Order Act 1936 . 12 Statutory Instruments Act 1946 . 13 Crown Proceedings Act 1947 . 14 Life Peerages Act 1958 . 16 Obscene Publications Act 1959 . 17 Parliamentary Commissioner Act 1967 . 19 European Communities Act 1972 . 24 Local Government Act 1972 . 26 Local Government Act 1974 . 30 House of Commons Disqualification Act 1975 . 36 Ministerial and Other Salaries Act 1975 . 38 Highways Act 1980 . 39 Senior Courts Act 1981 . 39 Police and Criminal Evidence Act 1984 . 45 Public Order Act 1986 . 82 Official Secrets Act 1989 . 90 Security Service Act 1989 . 96 Intelligence Services Act 1994 . 97 Criminal Justice and Public Order Act 1994 . 100 Police Act 1996 . 104 Police Act 1997 . 106 Human Rights Act 1998 . 110 Scotland Act 1998 . 116 Northern Ireland Act 1998 . 121 House of Lords Act 1999 . 126 Freedom of Information Act 2000 . 126 Terrorism Act 2000 . 141 Criminal Justice and Police Act 2001 . 152 Anti-terrorism, Crime and Security Act 2001 . 158 Police Reform Act 2002 . 159 Constitutional Reform Act 2005 . 179 Serious Organised Crime and Police Act 2005 . 187 Equality Act 2006 . 193 Terrorism Act 2006 . 196 Government of Wales Act 2006 . 204 Serious Crime Act 2007 . 209 UK Borders Act 2007 . 212 Parliamentary Standards Act 2009 . 213 Constitutional Reform and Governance Act 2010 . 218 European Union Act 2011 .
    [Show full text]
  • 1 UK BORDERS ACT 2007 1 the Act Received Royal Assent on 30 October 2007. the Following Are the Acts on the Subject of Immigrati
    Briefing Paper 8.21 www.migrationwatchuk.org UK BORDERS ACT 2007 1 The Act received Royal Assent on 30 October 2007. The following are the Acts on the subject of immigration and asylum currently on the statute book: Immigration Act 1971 Immigration Act 1988 Asylum and Immigration Appeals Act 1993 Asylum and Immigration Act 1996 Special Immigration Appeals Commission Act 1997 Immigration and Asylum Act 1999 Nationality, Immigration and Asylum Act 2002 Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 Immigration, Asylum and Nationality Act 2006 UK Borders Act 2007 2 Each Act since 1971 has heavily amended earlier Acts and introduced substantial new provisions, with the result that legislation on these topics is diffuse and complex. There is a desperate need for a consolidation Act to tidy up the law, but there is no sign of that as yet. Anyone practising in the field must also take into account the Human Rights Act 1998, the Race Relations Act 1976 and the British Nationality Act 1981. 3 The title “UK Borders Act” marks a complete change from earlier nomenclature, but this is deceptive. The purpose described in its long title is “to make provision about immigration and asylum: and for connected purposes.” It contains an assortment of sections amending existing legislation and introducing new measures. Its main provisions are: (i) New powers of detention for immigration officers at ports. (ii) New powers enabling the Home Secretary to make regulations requiring persons subject to immigration control to apply for a document recording external physical characteristics - a “biometric immigration document”. (iii) New and drastic procedures for the deportation of foreign criminals, obviously prompted by revelations about the shortcomings of existing procedures which came to light during 2006.
    [Show full text]
  • 12730 Analysis of Law in UK BRX:Layout 1
    Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Prepared for the British Red Cross by The views expressed in the report are those of the authors and do not necessarily reflect the views of the British Red Cross. This report is part of a wider study on cross-border disaster assistance within the EU, carried out in conjunction with five other European National Societies, under the overall co-ordination of the International Federation of Red Cross and Red Crescent Societies. The wider project received funding from the European Commission, who bear no responsibility for the content or use of the information contained in this report. Front cover photograph © Layton Thompson/British Red Cross Flood relief measures in Oxford, 25 July 2007 Analysis of Law in the United Kingdom pertaining to Cross-Border Disaster Relief Foreword The United Kingdom is in the fortunate position of Fisher (International Federation of Red Cross and Red being less susceptible to large-scale natural disasters Crescent Societies), Mr Tim Gordon (HMRC), Mr than many other countries. Even so, and as recent Gordon MacMillan (Hanover Associates UK), Mr Roy years have shown, our territory may still be subject to Wilshire (Chief Fire Officer, Hertfordshire County) such emergencies as flooding, and the effects of severe and Ms Moya Wood-Heath (British Red Cross). winter weather. We also wish to thank the authors of this report, The purpose of this study, commissioned by the British Justine Stefanelli and Sarah Williams of the British Red Cross, is to examine the extent to which the legal, Institute of International and Comparative Law, administrative and operational framework for disaster who were assisted by Katharine Everett, Frances response within the UK is able to facilitate potential McClenaghan, Hidenori Takai and Payam Yoseflavi.
    [Show full text]
  • UK Borders Bill
    UK Borders Bill [AS AMENDED IN PUBLIC BILL COMMITTEE] CONTENTS Detention at ports 1 Designated immigration officers 2 Detention 3 Enforcement 4 Interpretation: “port” Biometric registration 5 Registration regulations 6 Regulations: supplemental 7 Effect of non-compliance 8 Use and retention of information 9Penalty 10 Penalty: objection 11 Penalty: appeal 12 Penalty: enforcement 13 Penalty: code of practice 14 Penalty: prescribed matters 15 Interpretation Treatment of claimants 16 Conditional leave to enter or remain 17 Support for failed asylum-seekers 18 Support for asylum-seekers: enforcement 19 Points-based applications: no new evidence on appeal 20 Fees Enforcement 21 Assaulting an immigration officer: offence 22 Assaulting an immigration officer: powers of arrest, &c. 23 Seizure of cash 24 Forfeiture of detained property 25 Disposal of property 26 Employment: arrest 27 Employment: search for personnel records 28 Facilitation: arrival and entry Bill 82 54/2 ii UK Borders Bill 29 Facilitation: territorial application 30 People trafficking Deportation of criminals 31 Automatic deportation 32 Exceptions 33 Timing 34 Appeal 35 Detention 36 Family 37 Interpretation 38 Consequential amendments Information 39 Supply of Revenue and Customs information 40 Confidentiality 41 Wrongful disclosure 42 Supply of police information, etc. 43 Search for evidence of nationality 44 Seizure of nationality documents Border and Immigration Inspectorate 45 Establishment 46 Chief Inspector: supplemental 47 Reports 48 Plans 49 Relationship with other bodies: general 50 Relationship with other bodies: non-interference notices 51 Abolition of other bodies 52 Prescribed matters 53 Senior President of Tribunals General 54 Money 55 Repeals 56 Commencement 57 Extent 58 Citation Schedule — Repeals UK Borders Bill 1 A BILL [AS AMENDED IN PUBLIC BILL COMMITTEE] TO Make provision about immigration and asylum; and for connected purposes.
    [Show full text]
  • Section 19 of the Human Rights Act 1998 Importance, Impact and Reform
    This electronic thesis or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Section 19 of the Human Rights Act 1998 importance, impact and reform Weston, Elin Awarding institution: King's College London The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement. END USER LICENCE AGREEMENT Unless another licence is stated on the immediately following page this work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International licence. https://creativecommons.org/licenses/by-nc-nd/4.0/ You are free to copy, distribute and transmit the work Under the following conditions: Attribution: You must attribute the work in the manner specified by the author (but not in any way that suggests that they endorse you or your use of the work). Non Commercial: You may not use this work for commercial purposes. No Derivative Works - You may not alter, transform, or build upon this work. Any of these conditions can be waived if you receive permission from the author. Your fair dealings and other rights are in no way affected by the above. Take down policy If you believe that this document breaches copyright please contact [email protected] providing details, and we will remove access to the work immediately and investigate your claim. Download date: 27. Sep. 2021 This electronic theses or dissertation has been downloaded from the King’s Research Portal at https://kclpure.kcl.ac.uk/portal/ Title: Section 19 of the Human Rights Act 1998: importance, impact and reform Author: Elin Weston The copyright of this thesis rests with the author and no quotation from it or information derived from it may be published without proper acknowledgement.
    [Show full text]
  • Security in a Global Hub Establishing the UK’S New Border Arrangements Security Pp01 19 13/11/07 4:07 Pm Page 1
    Security_covers 13/11/07 3:30 pm Page FC1 Security in a Global Hub Establishing the UK’s new border arrangements Security_pp01_19 13/11/07 4:07 pm Page 1 Contents Contents Foreword by the Prime Minister ....................................................................................................... 3 Summary ............................................................................................................................................. 5 Chapter 1: Government objectives ................................................................................................... 20 Risks being addressed ........................................................................................................................ 20 The importance of facilitation and the international movement of goods .......................................... 24 Public perception ............................................................................................................................... 28 Balancing security and facilitation ...................................................................................................... 28 Chapter 2: Relevant organisations .................................................................................................... 29 Work at the border ........................................................................................................................... 29 Relevant government organisations ..................................................................................................
    [Show full text]
  • The Immigration (Isle of Man) (Amendment) Order 2019
    STATUTORY INSTRUMENTS 2019 No. 562 IMMIGRATION The Immigration (Isle of Man) (Amendment) Order 2019 Made - - - - 13th March 2019 Coming into force - - 14th March 2019 At the Court at Buckingham Palace, the 13th day of March 2019 Present, The Queen’s Most Excellent Majesty in Council Her Majesty, in exercise of the powers conferred by section 36 of the Immigration Act 1971( a), section 12(5) of the Immigration Act 1988(b), section 170(7) of the Immigration and Asylum Act 1999(c), section 163(4) of the Nationality, Immigration and Asylum Act 2002(d), section 49(3) of the Asylum and Immigration (Treatment of Claimants) Act 2004(e), section 63(3) and (3A)(f) of the Immigration, Asylum and Nationality Act 2006(g), section 60(4) of the UK Borders Act 2007(h), section 76(6) of the Immigration Act 2014(i), section 95(5) and (6) of the Immigration Act 2016(j), section 214(6) of the Data Protection Act 2018(k), and section 63(3) and (6) of the Sanctions and Anti-Money Laundering Act 2018(l), is pleased, by and with the advice of Her Privy Council, to order as follows. Citation and commencement 1. This Order may be cited as the Immigration (Isle of Man) (Amendment) Order 2019 and comes into force on 14th March 2019. Interpretation of this Order 2. In this Order “the principal Order” means the Immigration (Isle of Man) Order 2008( m). (a) 1971 c. 77: s. 36 is extended by s. 53(5) of 1981 c. 61, applied by s. 2(3) of 1987 c.
    [Show full text]
  • Immigration Act 2014
    Immigration Act 2014 CHAPTER 22 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately £20.75 Immigration Act 2014 CHAPTER 22 CONTENTS PART 1 REMOVAL AND OTHER POWERS Removal 1 Removal of persons unlawfully in the United Kingdom 2 Restriction on removal of children and their parents etc 3 Independent Family Returns Panel Powers of immigration officers 4Enforcement powers Detention and bail 5 Restrictions on detention of unaccompanied children 6 Pre-departure accommodation for families 7 Immigration bail: repeat applications and effect of removal directions Biometrics 8 Provision of biometric information with immigration applications 9 Identifying persons liable to detention 10 Provision of biometric information with citizenship applications 11 Biometric immigration documents 12 Meaning of “biometric information” 13 Safeguards for children 14 Use and retention of biometric information ii Immigration Act 2014 (c. 22) PART 2 APPEALS ETC 15 Right of appeal to First-tier Tribunal 16 Report by Chief Inspector on administrative review 17 Place from which appeal may be brought or continued 18 Review of certain deportation decisions by Special Immigration Appeals Commission 19 Article 8 of the ECHR: public interest considerations PART 3 ACCESS TO SERVICES ETC CHAPTER 1 RESIDENTIAL TENANCIES Key interpretation 20 Residential tenancy agreement 21 Persons disqualified by immigration status or with limited right to rent Penalty notices 22 Persons disqualified by immigration status not to be leased premises 23 Penalty notices: landlords 24 Excuses available to landlords 25 Penalty notices: agents 26 Excuses available to agents 27 Eligibility period 28 Penalty notices: general Objections, appeals and enforcement 29 Objection 30 Appeals 31 Enforcement Codes of practice 32 General matters 33 Discrimination General 34 Orders 35 Transitional provision 36 Crown application 37 Interpretation Immigration Act 2014 (c.
    [Show full text]
  • Post-Legislative Scrutiny of the Borders, Citizenship and Immigration Act 2009
    Memorandum to the Home Affairs Committee Post-legislative Scrutiny of the Borders, Citizenship and Immigration Act 2009 Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty December 2014 Cm 8984 © Crown copyright 2014 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open- government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/government/publications Any enquiries regarding this publication should be sent to us at: Legal Strategy Team 3rd Floor Seacole Building Home Office 2 Marsham Street London SW1P 4DF [email protected] Print ISBN 9781474113335 Web ISBN 9781474113342 Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ID 10121401 12/14 45467 19585 Printed on paper containing 75% recycled fibre content minimum MEMORANDUM TO THE HOME AFFAIRS COMMITTEE POST-LEGISLATIVE SCRUTINY OF THE BORDERS, CITIZENSHIP AND IMMIGRATION ACT 2009 INTRODUCTION 1. The memorandum provides a preliminary assessment of the Borders, Citizenship and Immigration Act 2009 (2009 c. 26) and has been prepared by the Home Office for submission to the Home Affairs Committee. It is published as part of the process set out in the document Post Legislative Scrutiny – The Government’s Approach (Cm 7320).
    [Show full text]
  • Immigration Offences Legal Guidance
    Immigration Offences legal guidance Annex: Table of Immigration Offences This table sets out the most commonly prosecuted immigration offences For statutory defences: see the Immigration Offences legal guidance False Documents • Identity Documents Act 2010 (IDA) came into force 21/1/2011. For offences prior to that date, the IDA 2006 applies. • Documentary offences will usually be prosecuted under the IDA rather than under the Forgery and Counterfeiting Act 1981 (FCA) or sections 24A or 26(1)(d) of the Immigration Act 1971 (IA): the IDA offences were introduced to combat the growing problem of identity fraud in organised crime and terrorism offences. • Sections 4, 5 and 6 can be prosecuted if a “relevant event” occurred in England or Wales: Criminal Justice Act 1993 Part 1. This applies whether or not the defendant was in England or Wales at any material time, and whether or not he was a British citizen at any such time. • s7 IDA defines what is meant by “identity document” in ss4-6 and includes an immigration document, a passport and a driving licence. Category Maximum Statutory Key Points Sentence Defence? Possession of false identity documents etc with improper intention - s4 Identity Documents Act 2010 Indictable 10 years’ S31 • The s4 offence is more serious than the s6 offence, requiring an improper only custody Immigration intention (using the document for identity fraud). In many cases it will be possible and Asylum to infer the intent from all the circumstances of the case. Act 1999 • In R v Goodings [2012] EWCA Crim 25856 the court emphasised the importance (IAA) of the prosecution selecting the correct charge to reflect the true gravity of the conduct and not accepting a G plea to the lesser s6 offence, which does not S45 Modern properly reflect the evidence.
    [Show full text]
  • Post-Legislative Scrutiny of the UK Borders Act 2007 CM 8459
    Memorandum to the Home Affairs Committee Post-legislative Scrutiny of the UK Borders Act 2007 Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty October 2012 Cm 8459 £10.75 © Crown copyright 2012 You may re-use this information (excluding logos) free of charge in any format or medium, under the terms of the Open Government Licence. To view this licence, visit http://www.nationalarchives.gov.uk/doc/open-government-licence/ or e-mail: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Any enquiries regarding this publication should be sent to us at: [email protected] This publication is also available for download at www.official-documents.gov.uk ISBN: 9780101845922 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002518370 10/12 23655 19585 Printed on paper containing 75% recycled fibre content minimum. MEMORANDUM TO THE HOME AFFAIRS COMMITTEE POST LEGISLATIVE ASSESSMENT OF THE UK BORDERS ACT 2007 INTRODUCTION This memorandum provides a preliminary assessment of the UK Borders Act 2007, in particular to provide information about how the provisions in the Act have worked in practice. It has been prepared by the Home Office and is published as part of the process set out by the previous Government in the document “Post Legislative Scrutiny – the Government’s Approach” (Cm 7320), published in March 2008. The current Government has accepted the need to continue the practice of post legislative scrutiny as supporting the coalition’s aim of improving Parliament’s consideration of legislation.
    [Show full text]